Understanding Recycling Enforcement Responsibilities in New Jersey

1. Recycling Enforcement Responsibilities • Who has what responsibility? John Castner, Director Division of County Environmental & Waste Enforcement

2. Who Plays a Role in Recycling Enforcement? EVERYONE! • DEP • CEHA Agency • Solid Waste Utility or other County Authority • Local Board of Health • Local Recycling Coordinator • Other Local Entities

3. DEP’s Enforcement Role • Authority: Solid Waste Management Act (SWMA) as amended (N.J.S.A. 13:1E-1 et seq.) & implementing regulations, administrative orders, permits, etc. • Inspection Universe: Recycling Facilities, Transporters, & Generators • Enforcement Tools: Compliance Assistance • NOVs, AONOCAPAs, NOCAPAs, AO’s, ACOs, Court • Judicial Forum: Superior Court (injunctive relief); Superior Court (actions to collect a penalty)

4. County Solid Waste Utility or other Authority’s Role • Authority: SWMA & CEHA (If CEHA contractor); District SWMP (if identified in the plan as the enforcement entity) N.J.S.A. 13:1E-99.13 • Inspection Universe: As identified in the SWMP or CEHA contract • Enforcement Tools: Compliance Assistance, NOVs (& Penalties), Summonses • Judicial Forum: Superior Court or Municipal Court having jurisdiction

5. Local Recycling Coordinator Role • Authority: SWMA for Local Recycling Ordinance (N.J.S.A. 13:1E-99.16) • Inspection Universe: As identified in the ordinance • Enforcement Tools: As identified in the ordinance • Judicial Forum: Municipal Court

6. Local Board of Health Role • Authority: SWMA or local recycling or anti-dumping ordinance • Inspection Universe: (SWMA) Could include generators, transporters, recycling facilities; and/or as identified in the recycling ordinance • Enforcement Tools: NOVs, Citation, Summons • Judicial Forum: Superior Court (for SWMA) or Municipal Court

7. Other Local Entities • Authority: Local recycling or anti-dumping ordinances • Universe: As identified in the ordinance • Enforcement Tools: As identified in the ordinance • Judicial Forum: Municipal Court

8. CEHA’s Role • Authority: SWMA and County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) • Inspection Universe: Complaint Investigations, Generators, transporters, and recycling facilities • Enforcement Tools: Compliance Assistance • NOVs (& Penalties), Summonses • Judicial Forum: Superior Court or Municipal Court having jurisdiction

9. DEP penalties for non-compliance • Statutory: max. $50,000/violation/day • Regulatory - penalty tables x severity factor multiplier (if applicable) • NM = $4,500 - $10,000 • M = $3,000 (+ grace period) • Regulatory - penalty matrix • Used when violation is not listed in the DEP’s penalty tables (insufficient history) or the penalty would be too low to be a sufficient deterrent

10. Example: Penalty Calculation using penalty tables & severity factors • Violation: Failure of approved recycling center to comply with all approval conditions • Base penalty (N.J.A.C. 7:26A-31.(a) = $3,000 • Severity Factor for violating same rule • 24 - 12 months prior: 0.50 x $3,000 = $1,500 • Severity factor for violating different rule 24-12 months prior: 0.25 x $3,000 = $750 • Total civil administrative penalty = $5,250

11. DEP’s Recycling Penalty Matrix

12. Recycling Sweeps Update • Atlantic County v. Hudson County • A H • Overall compliance rate: 77% 78% • Variation in municipal rates: 50-100% 58-90% • Schools: 79% 74% • Hotels/Motels/Casinos 60% 88% • Casinos 92% • Hotels/motels 55%

13. Recycling Enforcement Issues • Many local recycling ordinances need to be updated to include enforcement provisions and tie into the SWMP • The SWMPs need to be updated to reflect current recycling priorities and enforcement as well

14. When will the Wolf be at your Door?